The members of the Garda are public servants first and foremost. This means they are there to serve you.
Like any public servants or licenced representatives (security officers etc). They are legally obligated to identify themselves to you in full if they are acting in the course of their duty. They cannot refuse to be recorded while in the performance of their duties as they are acting in public interest, and there is no reasonable expectation of privacy while in public, or acting in the public interest even on private property – see CCTV for more information.
No garda station or council house or other government owned land is private property. It is owned by the public, and maintained with public funds, and must be operated in the public interest. Members of the public cannot be refused access unless they are at risk of causing danger to other members of the public within the vicinity. In public buildings, there is no reasonable expectation of privacy and therefore you can record should you wish to do so. Security concerns are lies, you have no obligation to their security, after all. If they cannot protect public property or members against threat, then we must question their purpose for existence.
If they are off duty, they have no more power over you than anyone else, and are exempt from their legal obligations and are every bit as normal as the next person, and entitled to be treated as such. Make no mistake here, we are NOT against the Garda either in their private or public capacity. Indeed we need them to be doing their job. However, their jobs are not tax collectors or policy enforcers. They are peace officers.
You have absolutely no obligation to:
- Obey the commands of any Guard in or out of uniform unless you are being charged with a crime.
Even then do not provide any information, nor go peacefully. Simply ask:
Do you intend to use force if I refuse to obey your order?
If they answer “Yes”, then you go with them peacefully but “under protest and duress”. There is no point fighting a far superior force with physical violence knowing you are going to lose, and that it will serve to strengthen their case against you.
In the highly unlikely event that they answer “No”. Then you refuse to go with them because by going with them, you consent to their arrest. Therefore are admitting guilt and giving them power over you.
- Tell the truth – Why would you help them in any way, to build a case against you or anyone else. Remember, nothing will be used for you – that’s hearsay. So say and do absolutely nothing except questioning.
- Answer questions or give personally identifiable information. Anything you do or say, WILL be used AGAINST you in court. So do and say NOTHING until you get to a court.
They have no power to make deals or compromises, these are lies, like the many other lies they will tell you to get their information.
- To stop for any car or officer not clearly marked as such. As anyone can get high power LED’s in a bicycle shop and change the cover to blue. Indeed there have been several instances of people being attacked at such stops in the US.
It is wise to have a table of reasonable expense with you at all times.
There is debate regarding if the Garda are peace officers, or policy enforcers.
Garda as Peace Officer:
Garda have a singular duty to operate under their oath and to protect the constitutional and human rights of the public and their sovereignty. If they are acting on their oath, then they must do this. Their role therefore is one of peace officer which is what they are supposed to be doing.
Garda as Policy Enforcer:
Recently (the last 20 / 30 years) Garda have been pulled into all sorts of other roles. Issuing fines (tax collection), supporting illegal clampers, enforcing regulations (acts and statutes). When acting in this capacity, they are outside their oath. What they are doing is illegal because in this capacity they are policy enforcers.
The DPP and Garda:
The DPP are a body of legal professionals who interpret the law and write training manuals for the Garda. This means that the Garda are enforcing policies, not law. When they arrest you under Act X, Section Y. They are practicing law without a licence, and enforcing their training manual policies, not laws. As you know from reading basic info / policies, policies are not law and have no binding on you.
You are policed by consent in this country. That does not mean you should resist arrest or be abusive. However you are well within your right to be uncooperative, give false or misleading information, and ask questions but not answer them. Read below on how to do this most effectively.
If you ever hear the question “Do you understand?” coming from any Garda (or in general, any government worker including Judge, Solicitor, Barrister etc). The only answer to give is “No”. It is the only time you should make any statement. Do not add anything to it. Just one simple word stated clearly. Do not say “No, I don’t understand anything” or other words to that effect. Hear the question, and state the answer clearly “NO” and only “NO”. Nothing more.
Remember, the Garda agreed to work within the government, and are so bound by the acts and statutes which are entirely legalese. This is their world, NOT yours.
In this legalese world, the word “Understand” does NOT mean comprehend. It literally means to Stand Under. To give them power and authority over you. To become a good citizen and slave, and to do your masters bidding.
If you ever answer “Yes” to that question. You have just lost your sovereignty and handed them jurisdiction over you on a silver plate. You have made their job easier, and yours harder.
Listen for the word “Understand” anywhere, use it as a trigger, and reprogram yourself to say “NO”. And as important, to say nothing more than that single word “No”, while looking politely and as dumb as possible while still being professional (i.e. not making silly faces or accents).
Remember…What you are NOT understanding…standing under, is the policies, which are being disguised as acts and statutes (positive law / legalese), that you never consented to in the first place.
The Garda oath is an attestation oath. Attestation means it is legally binding on the member swearing it and must be done in the presence of a witness.
The oath below (with emphasis added) must be sworn by all members of the Garda and the Garda Reserve under 2005 No 20 Garda Siochana Act – Solemn Declaration Section 16.
“I hereby solemnly and sincerely declare before god that I will faithfully discharge the duties of a member of the Garda Siochana with fairness, integrity, regard for human rights, diligence and impartiality, upholding the constitution and the law and according equal respect to all people.
While i continue to be a member, I will to the best of my skill and knowledge discharge all my duties according to law, and
I do not belong to, and will not while I remain a member form, belong to or subscribe to , any political party or secret society whatsoever.”
Emphasis added was the following:
- Before god = So all garda MUST have a belief in a higher power. There can be no garda atheist.
- Regard for human rights = YOU (the member of the public being accosted by the garda), must therefore KNOW your human rights. Otherwise you have none.
- Upholding the constitution = YOU (the member of the public being accosted by the garda), must therefore KNOW your constitutional rights. Otherwise you have none.
- According equal respect = If you declare yourself sovereign, you must know that everyone must be treated equally under god. This obligation goes both ways, so you must ALWAYS treat the Garda with respect or you risk losing your sovereignty and becoming their slave. You must do this even if they treat you disrespectfully, as this puts them in dishonour by breaking their oath, thereby losing whatever little jurisdiction they think they have over you.
- Every part of this oath is worth knowing, but one other part in particular is the last line. Regarding non membership of political parties or secret societies etc. This is important to note because I have recently come across information that I am investigating, to see if there are Garda members running companies which may have a conflict of interest with their obligations as Garda. I know this happens in the UK for certain. But I will investigate if it happens here and update accordingly. If anyone has evidence to help this matter, please advise.
- Freemasons are not included in this because they have recently declared:
“They are not a secret society, but a society with secrets.”
So Garda can be members of the freemasons if they wish. For obvious reasons.
- If you decide to setup a group, and do not want Garda in it. Simply declare it to be a secret society, and then they cannot join.
I declare the IrishFreemanInfo group to be a secret society.
We will work to try to improve relationships between public and Garda, but the members of Garda Siochana are not welcome in the society of Irish Free Men.
- Freemasons are not included in this because they have recently declared:
Points 2 and 3 are particularly important. The legal maxim applies here:
“He who does not know his rights, has none.”
It is your duty as a sovereign national of eiRe, to know your constitutional and human rights. No other law supersedes these. The only valid constitutions in this country are either the 1919 or 1937 original 63 article constitutions. The little blue book is a complete fraud. Burn it, it’s not worth the paper it’s written on. See page 1937 Constitution for more information. The Gardi are sworn to uphold these laws, it is directly in their oath.
With this knowledge, you must always keep in mind this question if approached by them:
Are you acting under your oath today?
If you do not get a direct “YES”, then they are just normal citizens playing dress up and hold absolutely no power.
If you do get a direct “YES”. Then you must hold them (in this order), with appropriate respectful questions to:
- Their oath.
- The original 1937 63 article constitution.
- Your human rights.
Failure on any of these points, legally removes any obligation you have to obey their requests.
We don’t have an equivalent to the Miranda rights process upon being arrested here in éiRe. However you still have the following rights:
- To be told very clearly that you are under arrest and the reason for your arrest – before being arrested.
- It is best not to resist arrest, but do ask the question:
“Will you use force if I resist?”
– See below.
- A charge sheet will be written and read to you if you are charged with a crime. This will usually happen after they have taken you to the station and locked you in a cell for a few hours, which is why it is important to be as uncooperative and difficult as possible.
- The length of time you can be held without being arrested depends on the alleged offence you are being questioned about. However, if they have gone through the hassle of bringing you into the station, they will make up something to charge you with.
- Do not answer any questions. Do not even confirm you name and address. Chances are, if you are being charged with an offence, the crime you are being charged with will hold a far greater sentence than the one for not giving your details.
- If you are carrying ID (even photo ID), simply refuse to acknowledge these items are yours. They will take them regardless just to be difficult, so you will have to replace them anyway. Just say the person who owns them is your twin sibling and you were in the process of returning them.
When being interrogated by the Garda. Do only 2 things as below:
- Ask questions.
- Only ever ask questions.
- Never make statements.
- Never answer questions.
- If you have something to say, find a way to turn it into a question.
- After asking a question…Shut the F**K up.
- I rarely use bad language, so when I do, and especially in written form. PAY ATTENTION.
- Only ever ask 1 question at a time, then repeat #2.
- If you ask more than 1 question, you will usually only get an answer to the last question.
- Remember that by asking questions, you are not saying anything. So it does not count as saying anything, and cannot be used against you in court.
If you are not asking questions. Repeat #2 above. If there is anything said that you do not have a question for always remember this question:
Do I have the right to remain silent?
The Garda will lie, and sometimes tell you “No”. But remember, unless they intend to use torture. They cannot make you speak. Your right to freedom of expression includes your right to freedom of speech, and also includes your right to remain silent, and to lie. But you must invoke it properly because it does not exist in those words. This process is outlined later.
The rest of this is just formalities.
The “member in charge” is the Garda that is responsible for ensuring that all procedures and laws are followed regarding your care. Always ask to speak to them – then invoke your rights by stating these exact words:.
- I invoke my right to have a solicitor present during all questioning.
- You might not use the solicitor, but it’s causing them a problem.
- You might not use the solicitor, but it’s causing them a problem.
- I invoke my right to have medical attention and obtain prescriptions.
- You might not have a medical problem, but it’s causing them a problem.
- You might not have a medical problem, but it’s causing them a problem.
- I invoke my right to have all Garda involved in this case to confirm they are operating under their oath.
- I invoke my right to have all Garda involved in this case to confirm their full names and numbers in written form for later reference to be handed to me upon my release.
- Finally, I invoke my right to remain silent.
- Now follow the first 2 things in the first list above (Ask questions, and shut up).
- Now follow the first 2 things in the first list above (Ask questions, and shut up).
- At some point after about 4 hours, start demanding food. Even if you don’t intend to eat it.
- You are entitled to be fed 2 small and 1 large meal every 24 hours.
You have the right to speak to a solicitor and request medical attention to get your prescriptions. Do NOT bring your own medications, make it difficult for them and make them go and get them. Even if there is nothing wrong with you, make these demands, as your intent is not to get attention, but to be uncooperative and difficult without being violent, aggressive, abusive or otherwise disrespectful.
A family member must be told where you are. If the Garda do not think it will interfere with the investigation, then you may also be entitled to one visit from someone. Invoke these rights. If for no other reason than to be difficult and pass time. This is where my services can come in handy. However it is unlikely that they will allow me to advise you on the premise that it will interfere with the investigation.
When your solicitor comes. Simply advise him of the following:
- You are activating your right to legal representation.
- You are revoking their right to payment for said representation.
- You demand a copy of all books of evidence regarding your case.
- You are invoking your right to contact a member of the public who may be able to help you.
- Then contact someone as knowledgeable as you regarding these matters if possible.
Remember. They are trying to build a case against you. The less you say the better. I highly recommend you say absolutely nothing, but if you must speak. Like them, you are under no obligation to tell the truth, therefore lie at every opportunity should you really be forced to speak.
I’m not going to get into your rights when searched here. You can find such documentation on citizens information and in particular here.
However, as they are building a case against you. I would advise that you peacefully resist as much as possible, not allowing them to search your person or vehicle in public places. They must advise you why you are being searched. Take the opportunity to question everything. Even ask the same as above. “Will you use force if I resist?”
Advise them that you will resist unless they intend to arrest or detain you. Be uncooperative, but not aggressive, threatening or disrespectful. Use any opening to move away without putting anyone else in danger. Make it difficult for them, but do not hurt them. They are just doing a job. This should force them to detain or arrest you for the purposes of searching you. Then proceed as above. Ask them “Will you use force if I resist?”. If you are being detained or arrested, go under protest and duress with minimal resistance.
I would advise that you take whatever peaceful steps are required to force them to search you, in private, in a police station, but doing so without your consent. Then only, go under protest and duress.
The fact that you resisted detention or arrest, and searching, is likely going to be less severe a sentence than whatever they are investigating you for. So don’t be afraid to peacefully resist. However, remember, it is peaceful resistance. Escape, evade, avoid, without putting anyone else in danger. But do NOT attack. Anything less is compliance, and an admission of guilt. Never consent.
As with any theory. There is always the expectation vs the reality. What the guards should do vs. what they will do, and what you can do as a result. Let’s discuss some of this here.
Expectation is that they will be professional, respectful and honest. That sounds more like the punchline of an unfunny joke at this point.
Reality is that they are dishonest, sly, nice only to see what they can get without other methods. But if being nice fails, they become antagonistic, even aggressive. They will lie and mislead, and play all kinds of dirty games, to get the information they want. It is not even beyond them to lie under oath in a court. You must know their game, and be prepared. Like all government departments they all have an unwritten but well known CYA (cover your ass) policy. They are little more than a gang of legalised thugs and all work together to cover their collective asses.
When stopped by the Garda, refuse to provide any information, even your name.
Let’s now address the point specifically on Freedom of Speech. In your constitution (any version of 1937). You will see Article 40.6.i the following quote:
The right of the citizen to express freely, their convictions and opinions.
– page 155
Quickly followed by:
The publication of utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.
– page 156
You will note in any version of this constitution, that it gives you rights, only to take them away in another part subject to law – acts and statutes not written in english therefore not understandable (something the average person can stand under).
In the 1919 constitution (Article 9). It is somewhat more direct as below:
Right to Free Expression of Opinion is guaranteed to every citizen in so far as such is not opposed to Christian Morality, and does not advocate the subversion of infringement of National Sovereignty.
Note the lack of reference to other laws. So in the 1919 constitution your right to freedom of expression cannot be removed unless you undermine cristian morality or national sovereignty.
The words blasphemous, seditious and indecent are so wide ranging, and open, that “The Law” – acts and statutes – can simply remove your right to free expression. It is also true that christian morality is so debatable as to leave a lot to be desired. But at least in 1919 your right was fully protected. There are no acts that can take it away.
So in order to protect our freedom of expression, we must now drop down to the Charter of Fundamental Rights of the European Union (CFREU) and see what is there. Note that there is an Irish act of the same name. This is completely invalid, as it is an act, and you are not a member of any law society or government so it does not apply to you. Below is what the ECHR has to say on the subject.
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
– Article 11.1
Now here we finally get a right to freedom of expression without reference to other laws, acts and statutes, or wide ranging nonsense subject to moralities and other such blabbering like seditious or indecent and christian morality.
Do we need to go any further? The answer unfortunately lies in whether you want to see éiRe as a sovereign country, because without this, you cannot be a sovereign individual. So, in order to declare éiRe sovereign, then we must remove ourselves from higher authorities. One such as the EU rule, yet another, british rule. If we do so, then the above, very nicely worded, ECHR law, is no longer valid. So we must now hope the UCHR (Universal Charter of Human Rights) holds something for us:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
– Article 19
Remember in order of precedence, any charter of human rights comes below the Irish constitution, especially if we are claiming to be sovereign. But here it is, once again, clear and well worded without any exceptions. So where does this leave us?
The constitution has the highest precedence, but it also has exceptions. The place of the constitution is in common law, so it is for the common individual and must be in clear language, not legalese. The exceptions as noted are referencing acts and statutes, which lay within statute law. Statute law has lower precedence than the human rights charters which also stand in common law. We have the UCHR and so can ignore the ECHR for those that want sovereignty. Next we must demand our police to operate under their oath, otherwise they are not obligated to uphold your constitutional and human rights.
When invoking your right to “Freedom of Speech”, you cannot invoke this under any constitution. As you do not have a constitutional right to freedom of speech. So you will lose if you try to invoke it using these words anywhere. Wording is very important. To protect our rights, we must operate as follows:
Ask the Garda:
Are you operating under your oath?
– Then shut up.
If the answer is no, their uniform means nothing and they have no authority. Anything from this point on leaves them and the state liable for costs and damages as they are essentially acting as a gang of thugs. If they answer yes, and usually start asking you questions such as your name and address, simply ask:
Do I have the right to freedom of expression?
– Then shut up, and they will say yes (because you do). – if they say no, they are lying and have broken their oath to protect your human rights.
Does my right to freedom of expression include freedom of speech?
– Then shut up, the answer you are waiting for again, will be a yes because it does. – Same consequences as above for a negative answer.
Does my right to freedom of speech include freedom not to speak?
– Then shut up, again the answer should be yes.
Doing this has already invoked your right to remain silent, because by answering the questions, the Garda has shown that they understand (stand under) you.
Now if asked any further questions by the Garda, even your name and address, simply repeat the process from the beginning, but only 2 more times. From that point on, remain silent or only ask questions. Maybe sing a song or play drums on the wall or doors to annoy them. But do not be abusive or threatening. You can be loud, you can be noisy, you can be messy and unprofessional, it’s usually much better to be quiet while also being as uncooperative as possible (because singing loudly, and banging, takes a lot of energy and you likely won’t be able to keep it up for any long period – play the long game – do what takes as little energy as possible). But you cannot be abusive or threatening. Following this, when requested to do anything simply ask:
Will you use force against me, if I refuse your order?
– Then shut up. If the answer is no, then refuse to comply. If the answer is yes.
Are you aware that I am complying with your order only under threat of force?
– Then shut up. if they answer no, repeat the last question, but they will answer yes.
You repeat the first question above, every time they ask you to do something, no matter how simple. You only need to repeat the second question, 3 times as you have made them fully aware at this point, that they are operating under threat of force.
No matter what acts or statutes they invoke, they are invalid. As you are completely non compliant. Even if an act requires you to give your name and details when asked, you have invoked your human right to silence, which supersedes the acts, and they are under oath to protect your human rights.
You also have a human right to privacy as below:
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
This very first line clearly states you have a human right to privacy. Which supersedes all acts and statutes or requirements to give your name and details when requested. Those acts and statutes are intended for Garda, Government officials, and licenced professionals (nurses, security officers, electricians, plumbers etc.). These people are all required to carry with them official government issued id’s which they must present to members of the public (you) upon request. Always ask for a Garda’s warrant card, or a security officers or other licenced professional’s id before allowing them to engage with you in any way. You are entitled to note the details encase you have an issue with them. That includes their full name and licence number. If it is in a public place, they cannot refuse to be recorded, especially if there are CCTV already in place as they have already consented to being recorded.
Being stopped by any licenced professional (Garda, or security officer, bus or Luas inspectors for example) and accused of any violations or crimes, is an attack on your honour and reputation. This is why, before engaging, you must get their identity.
Finally, you may have noted above, the requirement in a few parts, to repeat yourself 3 times. This means 3 times to each officer involved. Do not repeat yourself neither more nor less than 3 times with any government official. This is because of the following:
- The first time they may not have heard you.
- The second time they may not have understood you.
- The third time shows both hearing and understanding enough to at least give you a legally binding answer. You could and indeed should have got a legally binding (on them) answer without asking 3 times.
- The fourth or more times is simply showing they do not want to cooperate with you which means they are breaking their oath. This is why you do not keep asking after the third time. You don’t want to give them the option of stepping out from under their oath. Which if they do, and they will, you have complied with by continuing to ask. It is too late if this happens even once. Do NOT ask a fourth time. If they fail to answer properly a 3rd time, They have broken their oath and they make both themselves and the state liable.
Start asking questions. When quoted acts and statutes, question if you are lawfully bound by them if you don’t consent. This is their first lie, they will tell you yes. Have your line of questions ready, don’t argue with them. Lead them, through questioning, to the realisation that you do not believe you are bound by them. Ask questions like “Where did I sign up to that?”, “When did I vote on this?” etc. Keep everything civil, and respectful. As long as you are asking the questions in this manner, they will find it very difficult to pin anything on you.
If searched, detained or arrested, demand to know why. Follow the steps outlined already. Record as much as possible. Your phone will likely be confiscated. It’s worth being connected to some automated backup somewhere and have the videos / audio recordings sent there automatically. You will lose your phone.
Avoid carrying cash or cards unless really necessary. They will be stolen from you under the pretence they are investigating you and then tell you it got lost. See if you can find ways to make laminated copies of all card based ID’s. Then if asked by the relevant regulatory body to submit them, you can bring the original when needed.
From the first point of contact with any Garda. Your need to develop the mentality of:
Answer NO questions, and Question ALL answers.
– Extend that to question all questions too. Simply answer nothing.
Remember they are trying to build a case against you from the first word out of their mouth. Turn every statement you want to say into a question. Listen only with the intent of finding your next question. If you ever run out of questions, simply ask. “Do I have the right to remain silent?”.
When first approached simply simile with respect and start the conversation in a polite, welcoming, professional tone with:
“Hi, How are you today?”
– Then shut up and listen, you are looking for your next questioning opportunity.
“What is the reason for stopping me today?”
– Then again, shut up and listen.
If you are asked any questions, this is your opportunity to ask:
“What is your name and badge number?”
– from each officer.
“Are you operating under your oath today?”
– from each officer.
Then proceed from the outlines earlier. Eventually it will lead you around to something like:
“Am I obliged to answer your questions?”
“Am I obliged to remain here and talk?”
You can go down the road of “Am I being detained? / Am I free to go? Etc.” But that is best left until you know why they are stopping you. You get to that point, through questioning.
If they intend to detain or arrest you, they are legally obligated to tell you why you are being detained or arrested. It is unlikely they will tell you at that time. So refuse to answer any questions or cooperate in any way until they do as they are again breaking their oath and the law. However, it is likely that you will be moving quickly on to the questions regarding use of force before they will explain the reason for your arrest. It is also likely that they will not charge you (therefore have not told you the reason for your arrest), until much later. You just have to follow the process above and be as respectful but uncooperative as possible, and never be aggressive or threatening.
Done correctly, you should only ever be asking questions. Never answering. It should also be a polite and friendly conversation. Should they try to antagonise you, or get aggressive, or disrespectful (bad language even a slip). Simply ask them:
“Have I been aggressive or disrespectful to you?”
“Why have you chosen to use bad language and aggression towards me?”
“Would you like it, if I treated you this way?”
If you must give a name, give a false first name only but better to ask “What is the reason you need to know my name?”, “Have I done something wrong?”. If they tell you you are required to do so, They are not lying. The acts and statutes apply to them, they are required to give their details. Your details are protected under your human rights and their oath to protect you. Which supersedes their acts.
Question, Question, Question. NEVER Answer.
Your only goal is to glue up their progress by peaceful confrontation / resistance. Never to resist physically. You will get a chance to defend yourself in a court. Don’t waste your time doing so in front of the Garda. They are only interested in building a case against you.